( 1 ) THE petitioners trustees of a registered public trust known as Jahangirpura Masjid Baroda have filed this petition challenging the appellate order of the Revenue Tribunal which has set aside the Charity Commissioners order and has accordingly sanctioned the proposed sale. Respondents Nos. 1 and 2 trustees have been joined along with respondent No. 3 tenant in whose favour the sanction is granted. Respondents Nos. 4 and 5 are the Charity Commissioner and the Revenue Tribunal. It application under sec. 36 of the Bombay Public Trusts Act 1950 hereinafter referred to as the Act had been made by the trustees for sale of the trust land admeasuring 97 sq. yds. in Baroda belonging to the trust which was rented out to respondent No. 3 on a monthly rent of Rs. 51 since many years. In the application it was alleged that the tenant his agreed to purchase the said land for Rs. 15000/ and that the trustees intended to utilise the sale proceeds for construction of a building on the land of the trust 5. No. 19. It was further alleged that under these circumstances it was in the interest of the trust to sell this land to the tenant and therefore sanction was claimed of the Char